How a Veterans Disability Settlement Can Affect a Divorce Case
Jim’s client, 58 years old, is permanently disabled as a result of his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.
He would like to know if a verdict of a juror will affect his VA benefits. It will not. But it will have an impact on his other sources of income.
Can I Get Compensation in the event of an accident?
If you’ve served in the military but are now permanently disabled as a result of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement could help you get compensation for medical expenses, lost wages, and other costs resulting from your injury or illness. The type of settlement you’ll be able to get depends on whether or not your medical condition is service-connected, or not connected, what VA benefits you qualify for, and the amount your injury or accident will cost to treat.
For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. Jim does not have enough space for work to be eligible for Social Security Disability benefits, however, he does have a VA Pension that provides cash and medical treatment for free based on his financial need. He would like to be aware of whether a personal injury settlement will affect his ability to receive this benefit.
The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements are those that are made over a period of time rather than as a single payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment can affect any existing VA benefits since the VA will annually evaluate and consider it income. If Jim has extra assets after the settlement is annually adjusted then he is eligible to be eligible for the pension benefit. However the assets must be below a threshold the VA has determined to be a financial necessity.
Do I need to hire an attorney?
Many spouses, service members, and former spouses are concerned about VA disability benefits and their effect on financial issues in divorce. Some people think, for instance, that Department of sanger veterans disability law firm Affairs compensation payments can be split like a military retirement in divorce proceedings or that they’re “off limits” in calculating child support and Alimony. These misconceptions may lead to serious financial errors.
It is possible to file an application for disability benefits by yourself, but most disabled veterans will benefit from the assistance of a professional lawyer. A veteran’s disability attorney can look over your medical records and gather the evidence required to present a convincing case before the VA. The lawyer can also help to file any appeals that you require to receive the benefits you are entitled to.
The majority of VA disability lawyers do not charge for consultations. Additionally, the lawyer will generally be paid by the government directly from your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. For example your fee agreement may provide that the government can pay the attorney up to 20% of the retroactive benefits or give. Any additional amounts will be your responsibility.
Can I Garnish My VA Benefits?
The VA pays monthly compensation to disabled veterans. The funds are meant to offset the effects of illnesses, injuries or disabilities sustained or aggravated during the course of a veteran’s time of service. The benefits for veterans’ disability are subject to garnishment, just like other incomes.
Garnishment is a legal action that allows a judge to order an employer or government agency to omit funds from the pay of someone who is in debt and to send them directly to the creditor. In the event of divorce, the garnishment could be used for child or spousal maintenance.
There are situations where veterans’ benefits could be repaid. The most frequent scenario involves the veteran who has waived their military retirement to receive disability compensation. In these cases, the amount of pension apportioned to disability pay could be garnished to meet family support obligations.
In other situations, veteran’s benefit may be seized to pay medical bills or federal student loans that are over due. In these situations the court could go directly to the VA for the information they require. It is essential for disabled okeechobee veterans disability lawsuit to hire a knowledgeable lawyer to ensure that their disability benefits aren’t garnished. This will prevent them from having to rely on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements are an excellent help to carthage veterans disability lawsuit as well as their families. However they also come with specific complications. If a person divorces and receives an VA settlement, he or she should know what this will do to their benefits.
In this case the most important question is whether disability payments are considered to be assets that can be divided in divorce. The issue has been resolved in a variety of ways. One method is an Colorado court of appeals decision that found that VA disability payments are not property and therefore cannot be divided in this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments to pay an alimony payment was a violation of USFSPA.
Another issue that is related to this issue is the handling of disability benefits for child maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from claiming disability benefits as income. However, certain states have taken an alternative approach. Colorado for instance adds all sources of income together to determine the amount required to provide for a spouse. Colorado then adds on disability payments to account for their tax-free status.
It is also important for veterans to be aware of how their disability benefits will be affected when they get divorced and how their ex-spouses can garnish their compensation. By knowing about these issues, veterans can ensure the security of their benefits and avoid unwanted consequences.